John P. Mastando III
How Judge Mastando rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Mastando decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Active business operations tied to real property can defeat single-asset-real-estate treatment when the debtor and its affiliates function as one commercial enterprise rather than a passive landlord.
“The Debtor and its Non-Debtor Affiliates are thus engaged in a joint commercial enterprise that operates at the direction of the same owners in pursuit of the same end: the sale of art.”
A substantial equity cushion can by itself provide adequate protection against foreclosure stay relief when the creditor shows no meaningful risk of collateral-value erosion.
“On this record, the existence of an 85% equity cushion alone provides the Bank with adequate protection.”
Procedural preferences
A party seeking post-verdict judgment as a matter of law must preserve the issue through the required pre-verdict motion.
“their request for a post-verdict judgment matter of law is therefore procedurally barred.”
Cautions
Repeated filing deficiencies, missed plan payments, and a petition timed to an impending foreclosure supported a bad-faith finding.
“The Court finds that the totality of the circumstances demonstrates the Debtor’s bad faith in filing the Chapter 13 petition, including the lack of filings made in the case despite multiple extensions, the failure to make plan payments of any kind, and the timing of the Chapter 13 petition relative to the then-impending foreclosure sale of the Shares.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion to Dismiss is GRANTED.”
“The Stay Relief Motion is MOOT in part and GRANTED in part: the Co-op is GRANTED prospective relief under 11 U.S.C. § 105(a) from relief from any automatic stay imposed by any Debtor’s future bankruptcy filings within 180 days of the entry of this order.”
“For the foregoing reasons, the Court DENIES the Defendant’s Motion to Dismiss the Amended Complaint.”
“For the foregoing reasons, the Court DENIES the Defendant’s Motion to Dismiss the Amended Complaint.”
“Defendant’s Reconsideration Motion (Docket No. 244) is DENIED.”
“Defendant’s Motion to Dismiss or Arbitrate (Docket No, 245) is DENIED”
After a bench trial, the court entered judgment for the defendant on a fraud-in-the-inducement claim; no party motion was adjudicated.
“Plaintiffs’ Motion found at [Doc. 319] and [Doc. 320] is DENIED accordingly.”
“The Trustee’s Motion. [Doc. 28] and [Doc. 30], is therefore DENIED, and Defendant’s Cross-Motion for Summary Judgment [Doc. 32] is GRANTED.”
“Accordingly, FCP’s Final Objection is OVERRULED, and the Third Amended Plan is CONFIRMED.”
“For the foregoing reasons, the Stay Motion is DENIED. 6”
“For the foregoing reasons, the Court GRANTS the Debtors’ Motion to assume and assign the Showtime Contract and overrules the Showtime Objection.”
“In conclusion, for the reasons set forth above, the Motion [Dkt. No. 25] is GRANTED and this case is DISMISSED.”
“The Motion of Withdraw as Counsel (Dkt. No. 66) is GRANTED.”
“Woods is granted an attorney’s charging lien, pursuant to New York Judiciary Law § 475, in the amount of $58,459.90, against Wolfson’s claim, cause of action, and any recovery thereon.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters remained pending in the public metadata. The Zihenni stream supplied four express outcomes.
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